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Bombay High Court Dismisses Employer's Petition Challenging Reinstatement and Full Backwages for Dismissed Seasonal Worker. Disciplinary Enquiry Vitiated as Charges Not Proved; Full Backwages Awarded as Employee Was Willing to Work Under MRTU & PULP Act, 1971.

The Petitioner, Shree Vighnahar Sahakari Sakhar Karkhana Ltd., a sugar factory registered under the Maharashtra Co-operative Societies Act, 1960, empl...

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Bombay High Court Issues Directions for Improvement of Healthcare Facilities in Government Hospitals in Goa in Public Interest Litigation. Court Holds That Right to Health is a Fundamental Right Under Article 21 of the Constitution and State Has a Legal Obligation to Provide Basic Medical Facilities.

This public interest litigation was filed by Prakash B. Sardessai and Vishwesh Sardessai, residents of Goa, seeking improvement of healthcare faciliti...

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Supreme Court Allows Appeal in Mediclaim Policy Renewal Dispute — Insurer Must Disclose Material Changes in Coverage at Renewal. Renewal of Insurance Policy is Not a Fresh Contract; Insurer Owed Duty to Inform Insured of Restrictive Terms Under Principle of Utmost Good Faith.

The appellants, Jacob Punnen and his wife, held a Mediclaim policy with United India Insurance Co. Ltd. since 1982, renewed annually. In March 2008, t...

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Supreme Court Upholds Conviction for Rape of Mentally Retarded Woman in Himachal Pradesh. High Court's Reversal of Acquittal Upheld as Prosecutrix's Mild Mental Retardation Rendered Her Incapable of Understanding Sexual Assault.

The Supreme Court dismissed the appeal filed by Chaman Lal against the judgment of the Himachal Pradesh High Court, which had reversed his acquittal a...

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Bombay High Court Dismisses Petition Challenging ESI Circular for Construction Workers. Circular extending ESI Scheme to construction site workers held valid under Employees' State Insurance Act, 1948.

The petitioners, Confederation of Real Estate Developers' Association of India (CREDAI) and two real estate firms, challenged a Circular dated 31st Ju...

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Bombay High Court Dismisses Petition Challenging ESI Act Applicability to Bidi Manufacturer. Definition of Factory Under Section 2(12) ESI Act Includes Premises with Power-Aided Manufacturing Process, Home Workers Are Employees.

The petitioner, M/s. Ramchand Onkarlal Agarwal, a bidi manufacturer in Kamptee, Nagpur, challenged the applicability of the Employees' State Insurance...